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Full-Text Articles in Law
Litigation-Fostered Bureaucratic Autonomy: Administrative Law Against Political Control, Daniel E. Walters
Litigation-Fostered Bureaucratic Autonomy: Administrative Law Against Political Control, Daniel E. Walters
Faculty Scholarship
The idea of political control dominates our understanding of both what administrative law does and what it should do. This emphasis on political control, however, downplays the important ways that administrative law facilitates resistance to political control in administrative agencies. In this article, I offer studies of two instances in which agencies harnessed the power of seemingly standard administrative law litigation to resist the imposition of policies by political leadership. I classify these kinds of modes of resistance as instances of “litigation-fostered bureaucratic autonomy” and flesh out the mechanisms that drive the process. Acknowledging the role of such modes of …
Global Governance In The Information Age: The Terrorist Finance Tracking Program, Hannah Bloch-Wehba
Global Governance In The Information Age: The Terrorist Finance Tracking Program, Hannah Bloch-Wehba
Faculty Scholarship
Europe has long been deemed "more protective" of privacy than the United States. In the context of transatlantic cooperation in the war on terrorism, divergences in privacy law and policy have become ever more apparent. As has always been the case, the same technologies that pose new and vital privacy issues with regard to personal information and private data are those that are important sources for government actors, including law enforcement and intelligence agencies. Despite the increasing reliance by national agencies on information flowing from other nations, regulation of information transfer, processing and sharing has been achieved largely outside of …